Jump to content

Recommended Posts

Posted
  On 12/24/2018 at 2:56 AM, Onboard 2.0 said:
Yeah no way,  35% add on for a job that should have been half that from the start ?  What are you, a contractor ? 


I know a thing or two about the business. It’s a whole lot cheaper to just pay the guy something fair and reasonable to go away than going to court.
  • Like 1
Posted
  On 12/24/2018 at 3:20 AM, milkman said:

 


I know a thing or two about the business. It’s a whole lot cheaper to just pay the guy something fair and reasonable to go away than going to court.

 

Expand  

Again, 35% is NOT fair and reasonable for a job any basic day laborer can manage.  I doubt a judge is going to award a contractor a 2-3 x judgement the going rate for a job that is he said she said. I could be wrong there are dumb ass judges out there though.

Posted
  On 12/24/2018 at 1:28 PM, Onboard 2.0 said:
Again, 35% is NOT fair and reasonable for a job any basic day laborer can manage.  I doubt a judge is going to award a contractor a 2-3 x judgement the going rate for a job that is he said she said. I could be wrong there are dumb ass judges out there though.

 

Pay what you think is fair. It was just a suggestion to get rid of the guy.

Posted
  On 12/24/2018 at 1:41 PM, milkman said:

 

Pay what you think is fair. It was just a suggestion to get rid of the guy.

Expand  

So 'splain to me why 35% would be fair in your opinion please.  Apparently this was a guy who'd done previous work for the homeowner (thought I read that).

Posted (edited)
  On 12/24/2018 at 2:53 PM, Bozo_Casanova said:


He said he wanted avoid a fight, not run for President.

Expand  

dude, give it a rest, it's Christmas. Keep the CR in the shitter where it belongs.  Merry Christmas btw.....

 

And I'm just fucking with you, that was pretty far down the list as CR goes.

Edited by Onboard 2.0
  • Like 1
Posted

In Texas for improvements to a residential homestead, there must be a written contract signed by the property owner and spouse.  This applies to all lien claimants. The "general" as well as any subcontractors. 

 

There is a "constitutional" lien but no one knows how it works. 

Posted
  On 12/24/2018 at 5:16 PM, TwiceHorn said:

In Texas for improvements to a residential homestead, there must be a written contract signed by the property owner and spouse.  This applies to all lien claimants. The "general" as well as any subcontractors. 

 

There is a "constitutional" lien but no one knows how it works. 

Expand  

So what does that mean ?  You can tell the contractor to pound sand ?  Doesn't sound fair, but they are the regulated business, and as such are held to professional; guidelines (allegedly).

Posted
  On 12/24/2018 at 5:20 PM, Onboard 2.0 said:

So what does that mean ?  You can tell the contractor to pound sand ?  Doesn't sound fair, but they are the regulated business, and as such are held to professional; guidelines (allegedly).

Expand  

Pretty much. They can file a lien that would be facially invalid and summarily removed with attorneys fees awarded. But most likely that's a settlement scenario. 

  • Like 1
Posted

Not really. Just no lien.

Contractor can still sue on oral agreement or other theories. Just can't place a VALID lien without written contract signed by both spouses.

  • Like 1
Posted
  On 12/24/2018 at 6:10 PM, woohorn said:

Not really. Just no lien.

Contractor can still sue on oral agreement or other theories. Just can't place a VALID lien without written contract signed by both spouses.

Expand  

Unless the owner had some kind of privity with subs, those usually go away by summary judgment in the typical situation where the general got paid but not the subs. 

If no one gets paid, the general does have a few more options that may survive summary judgment. 

  • Like 1
Posted

So paying him a fair 20-25% markup in industry costs for materials and labor rates is the fair thing to do.  In fact for the fucking attempt, the contractor should only expect 18% for the dickish move.

Posted
  On 12/24/2018 at 6:10 PM, woohorn said:

Not really. Just no lien.

Contractor can still sue on oral agreement or other theories. Just can't place a VALID lien without written contract signed by both spouses.

Expand  

If someone places an invalid lean, how do you take care of it without an attorney? Obviously when we are talking about little sums of money, the attorney costs would probably be higher than the amount disputed.

  • Like 1
Posted
  On 12/24/2018 at 2:48 AM, Gil Bang said:

It's a concrete slab.  Concrete is made up of portland cement (powder), sand, and gravel.  Sometimes other additives too, such as calcium carbonate.  Cement just glues the other shit together. 

Expand  

I always thought concrete was hardened cement. Isn’t the ready mix cement called cement and not concrete? So I thought the concrete company poured cement. Is this wrong?

Posted (edited)

that's wrong.  Cement and water alone won't do shit.  It will dry to a sandstone like material.  

The ready mix trucks you see driving around are carrying concrete...sand, gravel (usually 3/4" rock) and cement (and maybe some other additives).  And water, of course.   Those mixes are engineered for specific strengths.  The concrete used in bridges and dams is a different mix than the shit used for a backyard patio.

Cement and sand alone is called "mortar".   It's most often used when laying bricks.  

Edited by Gil Bang
Posted
  On 12/25/2018 at 5:55 PM, Gil Bang said:

that's wrong.  Cement and water alone won't do shit.  It will dry to a sandstone like material.  

The ready mix trucks you see driving around are carrying concrete...sand, gravel (usually 3/4" rock) and cement (and maybe some other additives).

Cement and sand alone is called "mortar".   It's most often used when laying bricks.  

Expand  

You are correct. I looked it up before your response. The ready mix is called concrete. Pretty funny that I didn’t know that considering how many times I purchased the stuff. 

Posted
  On 12/25/2018 at 5:19 PM, Bevo said:
If someone places an invalid lean, how do you take care of it without an attorney? Obviously when we are talking about little sums of money, the attorney costs would probably be higher than the amount disputed.

Just ignore it. There is some period of time that the contractor has to get a judgment and that would show up on title after the lien. If a lien shows up without a subsequent judgment (again, after some period like a year), banks and title cos won't even mention it.

 

Contractor has an obligation to remove it once it is settled (and to remove it if it was never valid in the first place of course) and there are statutory fines if not done, so you could actually recover your atty fees if you fought it instead of just ignoring it.

 

Homeowners freak out about avoiding these liens, but they really are difficult and costly to properly utilize and most aren't ever filed correctly/valid.

 

EDIT- IN TEXAS

Posted (edited)

The Romans put volcanic ash in their concrete which made it stronger than the crap we use today.  The Pantheon dome is still standing after almost 2,000 years.  Hoover damn will be long gone before it's anywhere close to that age.

Edited by NeverMarryAStripper
Posted (edited)
  On 12/25/2018 at 6:27 PM, woohorn said:

Just ignore it. There is some period of time that the contractor has to get a judgment and that would show up on title after the lien. If a lien shows up without a subsequent judgment (again, after some period like a year), banks and title cos won't even mention it.

 

Contractor has an obligation to remove it once it is settled (and to remove it if it was never valid in the first place of course) and there are statutory fines if not done, so you could actually recover your atty fees if you fought it instead of just ignoring it.

 

Homeowners freak out about avoiding these liens, but they really are difficult and costly to properly utilize and most aren't ever filed correctly/valid.

 

EDIT- IN TEXAS

Expand  

Agree 100% (not a lawyer, but I did construction loans for many many years)

Edited by Gil Bang
  • Like 1
Posted
  On 12/25/2018 at 6:33 PM, NeverMarryAStripper said:

The Romans put volcanic ash in their concrete which made it stronger than the crap we use today.  The Pantheon dome is still standing after almost 2,000 years.  Hoover damn will be long gone before it's anywhere close to that age.

Expand  

Well, one is holding back the force of a few trillion gallons of water and the other is supporting its own weight.

  • Like 2

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



×
×
  • Create New...